APHC010492642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27537/2025 Between: 1. S.RAMESH NAIDU, S/O. NAGALINGAMAIAH AGED ABOUT 43 YEARS OCC CIVIL CONTRACTOR R/O. D.NO. 25/427-10-A3-A-1, R.S.ROAD, NANDYAL NANDYAL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, ' VELAGAPUDI, AMARAVATHI. 3. THE DISTRICT COLLECTOR, NANDYAL DISTRICT AT NANDYAL. 4. THE NANDYAL MUNICIPALITY, REP. BY ITS COMMISSIONER, NANDYAL, NANDYAL DISTRICT. 5. THE MUNICIPAL COMMISSIONER, O/O NANDYAL MUNICIPALITY NANDYAL, NANDYAL DISTRICT. 6. THE MUNICIPAL ENGINEER, O/O NANDYAL MUNICIPALITY, NANDYAL, NANDYAL DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 2 pleased topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing the payments for the works executed by the petitioner for providing (1) Providing CC road from D.No.28/226 to 28/261 at Noonepalli Harijanawada in ward no.21 under SC-SP grant 2016- 17 through Agreement No.91/2017-18, Dt 21.06.2017 for an amount of Rs.33,105/- (2) Construction of 300mm dia minor storm water drain at Gandhi Nagar in ward no.29 under SC-SP grant 2015-16 through Agreement No.37/2017-18, Dt 22.05.2017 for an amount of Rs.75,566/-, (3) Providing CC road from 1/420 to 1/442 at Bytipeta in ward no.42 under SC-SP grant 2016- 17 through Agreement No.90/2017-18 Dt 21.06.2017 for an amount of Rs.40,724/-(4) Providing CC drain from D.N0.24/246-PV-142 to 24/246-PV- 35-B and D.No.24/246-PV-178 to 24/246-PV-252 at PV Nagar in ward no. 1 under SC-SP grant 2016-17 through Agreement No.345/2017-18, Dt 03.10.2017 for an amount of Rs.81,446/-, (5) Formation of road near Gangamma temple at Bytipeta in ward no.42 under SC-SP grant 2016-17 through Agreement No.294/2017-18, Dt 31.08.2017 for an amount of Rs.44,639/-, (6) Providing CC drain from D.No.24/246-PV-29 to 24/246-PV- 54 and D.N0.24/246-PV-56 to 24/246-PV-61 at PV Nagar in ward no.l under SC-SP grant 2016-17 through Agreement No.291/2017-18, Dt 31.08.2017 for an amount of Rs,89,542/-, (7) Providing internal cross roads at Danialpuram area in ward no.36 under SC-SP grant through Agreement No.141/2017-18, Dt 05.07.2017 for an amount of Rs.83,446/-, (8) Widening of road from Nagulakatta to Vidya Nagar park in ward no.24 under SC-SP grant 2016-17 through Agreement No.648/2017-18, Dt 12.12.2017 for an amount of Rs.42,619/-, (9) Construction of 450mm dia storm water drain from D.No.28/1052-45 to Valmiki Temple under SC-SP grant 2016-17 through Agreement No.649/2017-18, Dt 13.12.2017 for an amount of Rs.55,397/-, (10) Providing CC road from D.No.26/154-4 to west side Gnanapuram in ward no.32 under SC-SP grant 2016-17 through Agreement No.142/2017-18, Dt 05.07.2017 for an amount of Rs.84,528/-, (11) Providing CC road from D.No.26/608-J to 26/608-K-1 at Shyam Nagar in ward no.24 under SC-SP grant 2016-17 through Agreement No. 139/2017-18, Dt 05.07.2017 for an amount of Rs.75,993/-, (12) Providing internal CC road at Devanagar area length of 300 mts in ward no.25 under SC-SP grant 2016-17 through Agreement No.457/2017-18 Dt 18.10.2017 for an amount of Rs.40,055/-, (13) Construction of 300mm dia minor storm water drain from D.No.28/1052- 55-A4 to 28/1052-62-7A temple in ward no.24 under SC-SP grant through Agreement No.653/2017-18, Dt 21.12.2017 for an amount of Rs. 1,50,962/-, (14) Providing CC road from D.No.26/608-N-M-5 to 26/608-N-M-7 at Shyam 3 Nagar in ward no.24 under SC-SP grant 2016- 17 through Agreement No.140/2016-17, Dt 05.07.2017 for an amount of Rs.37,865/-, and (15) Providing CC road and CC drain from D.N0.24/212-1A to 7/80-D-14-1 and D.No.7/82-J-2-2 to 24-212-1A at 24th street Harijanawada in ward no.1 through Agreement No.292/2017-18, Dt 31.08.2017 for an amount of Rs.26,622/-, for a total amount of Rs. 9,62,809/-, as illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondents to release an amount of Rs. 9,62,809/-with 18percent per annum to the petitioner in respect of the execution of aforementioned work forthwith IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased leased to direct the respondent authorities to release an amount of Rs. 9,62,809/- with interest at 18% for the work executed by the petitioner for providing (1) Providing CC road from D.No.28/226 to 28/261 at Noonepalli Harijanawada in ward no.21 under SC-SP grant 2016-17 through Agreerhent No.91/2017-18, Dt: 21.06.2017 for an amount of Rs.33,105/-, (2) Construction of 300mm dia minor storm water drain at Gandhi Nagar in ward no.29 under SC-SP grant 2015-16 through Agreement No.37/2017-18, Dt: 22.05.2017 for an amount of Rs.75,566/-, (3) Providing CC road from 1/420 to 1/442 at Bytipeta in ward no.42 under SC-SP grant 2016-17 through Agreement No.90/2017-18, Dt: 21.06.2017 for an amount of Rs.40,724/-, (4) Providing CC drain from D.No.24/246-PV-142 to 24/246-PV-35-B and D.No.24/246-PV- 178 to 24/246-PV-252 at PV Nagar in ward no.1 under SC-SP grant 2016-17 through Agreement No.345/2017-18, Dt: 03.10.2017 for. an amount of Rs.81,446/-, (5) Formation of road near Gangamma temple at Bytipeta in ward no.42 under SC-SP grant 2016-17 through Agreement No.294/2017-18, Dt: 31.08.2017 for an amount of Rs.44,639/-, (6) Providing CC drain from D.N0.24/246-PV-29 to 24/246-PV-54 and D.No.24/246-PV-56 to 24/246-PV- 61 at PV Nagar in ward no.1 under SC-SP grant 2016-17 through Agreement No.291/2017-18, Dt: 31.08.2017 for an amount of Rs.89,542/-, (7) Providing internal cross roads at Danialpura area in ward no.36 under SC-SP grant through Agreement No.141/2017-18, Dt: 05.07.2017 for an amount of Rs.83,446/-, (8) Widening of road from Nagulakatta to Vidya Nagar park in ward no.24 under SC-SP grant 2016-17 through Agreement No.648/2017-18, Dt: 12.12.2017 for an amount of Rs.42,619/-, (9) Construction of 450mm dia storm water drain from D.No.28/1052-45 to Valmiki Temple under SC-SP grant 2016-17 through Agreement No.649/2017-18, Dt: 13.12.2017 for an 4 amount of Rs.55,397/-, (10) Providing CC road from D.No.26/154-4 to west side Gnanapuram in ward no.32 under SC-SP grant 2016-17 through Agreement No. 142/2017-18, Dt: 05.07.2017 for an amount of Rs.84,528/-, (11) Providing CC road from D.No.26/608-J to 26/608-K-1 at Shyam Nagar in ward no.24 under SC-SP grant 2016-17 through Agreement No. 139/2017-18. Dt: 05.07.2017 for an amount of Rs.75.993/-, (12) Providing internal CC road at Devanagar area length of 300 mts in ward no.25 under SC-SP grant 2016-17 through Agreement No.457/2017-18, Dt: 18.10.2017 for an amount of Rs.40,055/-, (13) Construction of 300mm dia minor storm water drain from D.NO.28/1052-55-A4 to 28/1052-62-7A temple in ward no.24 under SC-SP grant through Agreement No.653/2017-18, Dt: 21.12.2017 for an amount of Rs. 1,50,962/-, (14) Providing CC road from D.No.26/608-N- M-5 to 26/608-N-M-7 at Shyanfi Nagar in ward no.24 under SC-SP grant 2016-17 through Agreement No.140/2016-17, Dt: 05.07.2017 for an amount of Rs.37,865/-, and (15) Providing CC road & CC drain from D.N0.24/212-1A to 7/80-D-14-1 and D.No.7/82-J-2-2 to 24-212-1A at 24th street Harijanawada in ward no.l through Agreement No.292/2017-18, Dt: 31.08.2017 for an amount of Rs.26,622/-, Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 5 ORDER:- The learned counsel for the petitioner submits that the petitioner has awarded 15 works entrusted by the respondent Municipality vide an Agreement Nos.91/2017-18, dated 21.06.2017; 37/2017-18, dated 22.05.2017; 90/2017-18, dated 21.06.2017; 345/2017-18, dated 03.10.2017, 294/2017-18, dated 31.08.2017; 291/2017-18, dated 31.08.2017; 141/2017- 18, dated 05.07.2017; 648/2017-18, dated 12.12.2017; 649/2017-18, dated 13.12.2017; 142/2017-18, dated 05.07.2017; 139/2017-18, dated 05.07.2017; 457/2017-18, dated 18.10.2017; 653/2017-18, dated 21.12.2017; 140/2016- 17, dated 05.07.2017; 292/2017-18, dated 31.08.2017. 2. The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for an amount of Rs.9,62,809/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, and the progress of the works was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Municipality and the learned Assistant Government Pleader for Finance and Planning. 6 4. During the course of hearing, the learned Standing Counsel appearing for the Municipality does not dispute the submissions made by the petitioner with respect to the completion of works undertaken. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 6. Accordingly, this writ petition is disposed off. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 09.10.2025 PNS